Dear Sarah and colleagues
We have had several queries in the last few days on the topic of minimum/maximum age on entry. Even although the Unit does not yet have a remit for student issues (though this is coming in the new year) we thought it might be helpful to provide some broad advice now via this mailbase list to anyone who is looking at this particular aspect of the forthcoming age regs. Please do forward this email on to anyone in your institution who may have an interest.
Higher education institutions do need to be fully aware of the possible implications of the regulations and discussions like this one over the mailbase about age-related policies do need to take place sooner rather than later. However, until final regulations and associated technical and other guidance from DTI and ACAS become available in the Spring of next year, it will not be possible for anyone to give definitive advice on what policies may or may not be in breach of the law.
What we do know so far is that as far as draft regulations go it would seem that direct discrimination on age, unlike other equality areas, is going to be allowable in certain limited circumstances: those circumstances include being able to objectively justify the rationale behind age-related policies. Please see ECU Briefing Paper 2 The Draft Employment Equality (Age) Regulations for more information and guidance www.ecu.ac.uk
It is likely therefore that institutions (and professional organisations and other bodies covered by the regulations) will need to be able to objectively justify any either minimum or maximum age on entry policies. At this point no one knows what the courts will accept as legitimate grounds for justification although the draft regulations give as one example ' setting age requirements to ensure the protection or promotion of people in a particular age group' and as another 'the fixing of a maximum age for recruitment or promotion, based either on the training requirements of the post in question or the need for a reasonable period in employment before retirement'.
Whilst the forthcoming guidance on the regulations is much looked forward to and will hopefully be very helpful, only a court will be able ultimately to rule what is or is not justifiable.
Im sorry we cant be more helpful than this at this point but hope that this text might assist those of you who are getting queries from your registrar/secretary colleagues on this issue.
Best wishes
Liz and Robyn
-----Original Message-----
From: HE Administrators equal opportunities list
[mailto:[log in to unmask]]On Behalf Of Sarah Lewis
Sent: 01 December 2005 09:08
To: [log in to unmask]
Subject: Re: age update
Hi everyone
Unfortunately I received only 4 responses to my question about lower age
criteria for student admissions. Though not possible obviously to draw
a meaningful conclusion for the sector, the norm expressed was 18; this
being either written or just applied wherever possible with students
encouraged or required to defer entry if younger.
I would still be delighted to hear from other institutions and will keep
'contacts' informed of my findings of what would be involved if required
by the regs to admit younger students.
Thanx
Sarah
Sarah Lewis
Equality and Diversity Manager
Coventry University
Tel: 024 7688 7148
E: [log in to unmask]
--
**********
The Equality Challenge Unit promotes diversity and equality of opportunity for all who work or seek to work in higher education. We are sponsored by the representative bodies (SCOP and Universities UK) and the four UK HE funding bodies.
Although every effort is made to ensure that the information contained within this email is timely and accurate, the Equality Challenge Unit cannot be held responsible for any unintentional errors or omissions.
The information provided in this email is not intended to be either legally binding or contractual in nature. Should you require more specific advice regarding the application of equalities legislation, it is recommended that you consult an appropriately qualified legal professional.
This message is confidential. If you are not the intended recipient you should not copy or disclose this message to anyone but should kindly notify the sender and delete the message. Opinions, conclusions and other information in this message which do not relate to the official business of the ECU shall be understood as neither given nor endorsed by it. No contracts shall be concluded by means of this e-mail. Neither ECU nor the sender accepts any responsibility for viruses. The administrator of this e-mail service (Universities UK) reserves the right to access and disclose all messages sent over its e-mail system.
**********
|